Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/328

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288
CONSTITUTION OF THE U. STATES.
[BOOK III.


erates as a mere treaty, or convention between them, and has an obligatory force upon each state no longer, than suits its pleasure, or its consent continues; that each state has a right to judge for itself in relation to the nature, extent, and obligations of the instrument, without being at all bound by the interpretation of the federal government, or by that of any other state; and that each retains the power to withdraw from the confederacy and to dissolve the connexion, when such shall be its choice; and may suspend the operations of the federal government, and nullify its acts within its own territorial limits, whenever, in its own opinion, the exi-

    The Kentucky Resolutions of 1797, (which were drafted by Mr. Jefferson,) declare, "that to this compact [the federal constitution] each state acceded as a state, and is an integral party." North American Review, Oct. 1630, p. 501, 545. In the resolutions of the senate of South Carolina, in Nov. 1817, it is declared, "that the constitution of the United States is a compact between the people of the different states with each other, as separate and independent sovereignties." In Nov. 1799 the Kentucky legislature passed a resolution, declaring, that the federal states had a right to judge of any infraction of the constitution, and, that a nullification by those sovereignties of all unauthorized arts done under color of that instrument is the rightful remedy. North American Review, Id. 503. Mr. Madison, in the Virginia Report of 1800, re-asserts the right of the states, as parties, to decide upon the unconstitutionality of any measure. Report, p. 6, 7, 8, 9. The Virginia legislature, in 1829, passed a resolution, declaring, that "the constitution of the United States being a federative compact between sovereign states, in construing which no common arbiter is known, each state has the right to construe the compact for itself."[a 1] Mr. Vice President Calhoun's letter to Gov. Hamilton of Aug. 28, 1832, contains a very elaborate exposition of this among other doctrines. Mr. Dane, in his Appendix, (§ 3, p. 11,) says, that for forty years one great party has received the constitution, as a federative compact among the states, and the other great party, not as such a compact, but in the main, national and popular. The grave debate in the Senates of the United States, on Mr. Foot's resolution, in the winter of 1830, deserves to be read for its able exposition of the doctrines maintained on each side. Mr. Dane makes frequent references to it in his Appendix.—4 Elliot's Debates, 315 to 330.

  1. 3 American Annual Register; Local History, 131.